Terms of Service

The full Terms of Service

1. Who these terms apply to

1.1 These Terms of Service ("Terms") govern access to and use of the mlivechat live-chat service, including the website widget, the agent console at https://app.staging.mlive.chat, the APIs, webhooks and bot interfaces (together, the "Service"), provided by mlivechat ("we", "us", "our").

1.2 The customer is the business or organisation that creates an organisation account ("Customer", "you"). The individual who accepts these Terms confirms they have authority to bind the Customer.

1.3 The Service is for business use only. It is not offered to consumers.

2. Definitions

• "Agent": a person (or bot) the Customer authorises to use the console or the bot API under the Customer's organisation.
• "Visitor": a person who uses the chat widget on a Customer's website.
• "Customer Data": all data submitted to the Service by or for the Customer, its Agents or its Visitors, including chat messages, files, Visitor names and email addresses, pre-chat answers, pages visited, IP addresses, browser and device information, and session fields the Customer's website sends.
• "Account Data": data about the Customer and its Agents that we need to run the account (names, email addresses, roles, sign-in records).
• "DPA": our Data Processing Agreement, which forms part of these Terms.
• "AUP": our Acceptable Use Policy, which forms part of these Terms.
• "Order": the plan, trial or order form the Customer selects or signs.

3. Accounts

3.1 An account is created when a person signs up and confirms their email address. The first person becomes the organisation's owner.

3.2 You are responsible for everything done under your organisation, including by Agents and bots you create, and for keeping passwords, bot tokens and webhook signing secrets confidential.

3.3 You must give accurate account information and keep it current, including an email address at which we can reach the owner.

3.4 Tell us without delay at support@mlive.chat if you believe an account, password or token has been compromised.

4. The Service

4.1 We will provide the Service in line with these Terms, the Order and the documentation we publish.

4.2 We may change the Service, for example to add or remove features or to meet legal or security needs. If a change materially reduces core functionality you pay for, we will give at least 30 days' notice, and you may end the affected subscription and receive a pro-rata refund of prepaid fees for the unused period.

4.3 Hosting location. Customer Data is stored and processed in Huawei Cloud's AP-Singapore region. Some data leaves Singapore only as described in the DPA's sub-processor annex (for example, transactional email through Resend).

4.4 Availability. No service level is offered. We aim to keep the Service available at all times and announce planned maintenance in the console in advance.

4.5 Third-party services you connect. If you send data to your own webhook receivers or bots, that data leaves the Service under your control and responsibility. We are not responsible for systems we do not operate.

5. Your responsibilities

5.1 Notice and lawful basis for Visitors. You are the controller (or "organisation" under Singapore's PDPA) for Customer Data. You must: (a) give Visitors a privacy notice that covers the chat, the data collected and your use of mlivechat as your service provider (the widget can show a link to your privacy policy above the composer; set it under Widget customisation); (b) have a lawful basis (and, where required, consent) for collecting and using Visitor data, including any session fields, page data or files you cause the widget to collect; (c) handle Visitor requests to access, correct or delete their data; the console's data-delete tools help with deletion; and (d) comply with laws on electronic marketing if you use chat data for marketing.

5.2 Storage on your website. The widget stores a visitor identity token in your website's browser storage (see the Cookie and Storage Notice). You are responsible for any consent your local law requires for that storage on your site.

5.3 Sensitive data. The Service is not designed for special categories of data (for example health, biometric, or government identification numbers), payment card numbers, or data about children. Do not ask Visitors to send such data through chat. If you choose to, you do so at your own risk and remain responsible for meeting any additional legal requirements.

5.4 Allowed domains. Configure the domains on which your widget may run. You are responsible for content and conduct on your own websites.

5.5 You must comply with the AUP and all laws that apply to your use of the Service.

6. Fees and payment

6.1 Fees, billing periods and the trial are set out in the Order and on https://mlive.chat/pricing/. Plans are priced per agent and billed monthly or yearly, in advance. Every new organisation starts with a 14-day free trial with no card needed; if no plan is chosen when the trial ends, the account becomes read-only until one is.

6.2 Unless the Order says otherwise, fees are payable in advance, are non-refundable except as these Terms state, and exclude taxes, which you will pay (other than taxes on our income).

6.3 If fees are more than 7 days overdue, we may suspend the Service after written notice.

7. Data protection

7.1 For Customer Data, you are the controller and we are your processor (a "data intermediary" under the PDPA). The DPA governs that processing and prevails over these Terms where they conflict on data protection.

7.2 For Account Data and data from our own website, we are the controller. Our Privacy Policy explains that processing.

7.3 We will not sell Customer Data or use it to train machine-learning models, or for advertising.

8. Data deletion, export and retention

8.1 The organisation owner can delete, at any time from the console, all data about one Visitor (by email address) or all chat history. Deletion is permanent. Stored files are removed from storage after the deletion, normally within 24 hours.

8.2 We keep Customer Data for as long as your account is active, unless you delete it sooner. We do not apply an automatic retention period to chats or files.

8.3 After your account ends, we will delete Customer Data within 30 days, and from backups within 14 days, unless the law requires us to keep it.

8.4 Export. You can read your chats, archives and customers through the API at any time, and before your account ends you can ask us for a machine-readable (JSON) copy of your chats.

9. Intellectual property

9.1 You own Customer Data. You grant us a worldwide, non-exclusive, limited licence to host, copy, transmit and display Customer Data only as needed to provide, secure and support the Service and as the DPA allows.

9.2 We own the Service, its software, design and documentation, and the mlivechat name and logo. We grant you a non-exclusive, non-transferable right to use the Service during your subscription under these Terms.

9.3 If you send us feedback, we may use it without obligation to you.

9.4 You must not copy, modify, reverse-engineer (except where the law allows), resell or sub-license the Service, or use it to build a competing product.

10. Confidentiality

Each party will keep the other's non-public information confidential, use it only to perform these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or that must be disclosed by law (with prompt notice where lawful).

11. Suspension

We may suspend all or part of the Service, with notice where practical, if: (a) you materially breach the AUP or these Terms; (b) your use creates a security risk or threatens the Service or other customers; (c) fees are overdue as in 6.3; or (d) the law requires it. We will restore access once the cause is resolved.

12. Term and termination

12.1 These Terms apply from sign-up until your subscription ends.

12.2 You may end your subscription at any time from Settings › Billing in the console, or by emailing support@mlive.chat. It ends at the end of the paid period unless the Order says otherwise.

12.3 Either party may terminate for material breach not cured within 30 days of written notice, or at once if the other party becomes insolvent.

12.4 On termination your right to use the Service ends, and section 8.3 applies. Sections that by their nature survive (including 7, 8, 9, 10, 13, 14, 15 and 17) survive.

13. Warranties and disclaimers

13.1 Each party warrants that it has authority to enter into these Terms.

13.2 We will provide the Service with reasonable skill and care and apply the security measures described in the DPA's Annex 2.

13.3 Except as stated in these Terms, and to the extent the law allows, the Service is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that every message or notification will be delivered.

14. Limitation of liability

14.1 Neither party is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or data (except our obligations to restore data from backups where we hold them), however caused.

14.2 Each party's total liability arising out of these Terms in any 12-month period is limited to the fees the Customer paid for the Service in the 12 months before the event giving rise to the claim.

14.3 Nothing limits liability for fraud, death or personal injury caused by negligence, your payment obligations, breach of section 9.4, or any liability that cannot be limited by law.

15. Indemnity

15.1 You will defend and indemnify us against third-party claims arising from Customer Data, your websites, your breach of the AUP, or your failure to give Visitors notice or obtain a lawful basis as section 5.1 requires.

15.2 We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, excluding claims caused by Customer Data, your modifications, or combination with things we did not supply.

16. Changes to these Terms

We may update these Terms. We will give at least 30 days' notice by email to the organisation owner and in the console before a material change takes effect. If you do not agree, you may end your subscription before the change takes effect and receive a pro-rata refund of prepaid fees.

17. General

17.1 Governing law and disputes. These Terms are governed by the laws of Singapore. Disputes are resolved by the courts of Singapore.

17.2 Notices. We send notices to the organisation owner's email address. You send notices to support@mlive.chat.

17.3 Assignment. Neither party may assign these Terms without the other's consent, except to a successor of all or substantially all of its business, with notice.

17.4 Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, including failures of cloud infrastructure providers, internet outages, or acts of government.

17.5 Entire agreement. These Terms, the Order, the DPA and the AUP are the entire agreement on their subject. If they conflict, the order of precedence is: the DPA (for data protection), the Order, these Terms, the AUP.

17.6 Severability and waiver. An unenforceable provision is limited to the minimum extent needed; the rest stays in force. Not enforcing a right is not a waiver.

17.7 Export and sanctions. Each party will comply with the export control and sanctions laws that apply to it.

Contact

mlivechat. Email: support@mlive.chat.